Sec. 94-221. Drug paraphernalia prohibitions.
(a) Possession. It shall be unlawful for any person to possess drug paraphernalia if that person knows or reasonably should know that the drug paraphernalia could be used under circumstances in violation of the laws of the State of Colorado. Any person who commits a violation of this section shall be punished by a fine of not more than $100.00.
(1) Prior to searching a person, a person's premises, or a person's vehicle, a peace officer may ask the person whether the person is in possession of a hypodermic needle or syringe that may cut or puncture the officer or whether such a hypodermic needle or syringe is on the premises or in the vehicle to be searched. If a hypodermic needle or syringe is on the person, on the person's premises, or in the person's vehicle and the person, either in response to the officer's question or voluntarily, alerts the officer of that fact prior to the search, assessment, or treatment, the peace officer shall not arrest or cite the person: (1) pursuant to this section for the hypodermic needle or syringe; or (2) pursuant to section 94-222 for any minuscule, residual controlled substance that may be present in a used hypodermic needle or syringe. The city attorney shall not charge or prosecute the person: (1) pursuant to this section for the hypodermic needle or syringe; or (2) pursuant to section 94-222 for any minuscule, residual controlled substance that may be present in a used hypodermic needle or syringe. The circumstances described in this paragraph (a)(1) may be used as a factor in a probable cause or reasonable suspicion determination of any criminal offense if the original stop or search was lawful.
(2) Prior to assessing or treating a person, an emergency medical technician or other first responder may ask the person whether the person is in possession of a hypodermic needle or syringe that may cut or puncture the technician or first responder. If a hypodermic needle or syringe is on the person, and the person, either in response to the question or voluntarily, alerts the technician or first responder of that fact, a peace officer shall not arrest or cite the person: (1) pursuant to this section for the hypodermic needle or syringe; or (2) pursuant to section 94-222 for any minuscule, residual controlled substance that may be present in a used hypodermic needle or syringe. The city attorney shall not charge or prosecute the person: (1) pursuant to this section for the hypodermic needle or syringe; or (2) pursuant to section 94-222 for any minuscule, residual controlled substance that may be present in a used hypodermic needle or syringe.
(3) It shall not be a violation of section 94-221(a) or 94-222(c) for a person to possess a hypodermic needle, syringe or similar device if such person is carrying, and presents to a peace officer, an identification card certifying that he or she is participating as an employee, volunteer or participant in an approved syringe exchange program created pursuant to C.R.S. § 25-1-520.
(b) Manufacture, sale, or delivery. It shall be unlawful for any person to sell or deliver, possess with intent to sell or deliver, or manufacture with intent to sell or deliver equipment, products, or materials knowing or under circumstances where one should reasonably know that such equipment, products, or materials could be used as drug paraphernalia.
(c) Advertisement. It shall be unlawful for any person to place an advertisement in any newspaper, magazine, handbill, or other publication who intends thereby to promote the sale of equipment, products or materials designed and intended for use as drug paraphernalia.
(d) It shall not be a violation of this section if the person is 21 years of age or older and all drug paraphernalia involved are solely marijuana accessories.
(1) For purposes of this subsection, "marijuana accessories" means any equipment, products, or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana into the human body. (Ord. No. 2016-01, § 1, 1-25-2016; Ord. No. 2012-56, § 1, 1-7-2013; Ord. No. 2001-54, § 1, 8-20-2001; Ord. No. 99-92, § 2, 1-3-2000)